Valdez To Be Reconsidered

Valdez v. Warehouse Demo Services (Valdez II) (2011) 76 Cal. Comp. Cases:  In another unexpected development the WCAB has granted reconsideration of its April 20, 2011 en banc decision in Valdez v. Warehouse Demo Services.  In that decision the WCAB held that reports from non-MPN doctors are inadmissible, they may not be relied upon, and defendant is not liable for their cost.  Reconsideration was granted based upon a petition filed by applicant Elayne Valdez as well as a petition for removal filed by Armando Saldivar, an applicant in another case.  The petitions were granted “in order to allow sufficient opportunity to further study the factual and legal issues in this case.”

The effect of this action by the WCAB is to introduce uncertainty into what had become a settled area of workers’ compensation litigation.  By itself the granting of reconsideration does not mean the Commissioners will issue an opinion materially different than that already issued.  However, it does mean litigation regarding the use of non-MPN reports will continue for the indefinite future.

Opinion filed July 14, 2011.

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